TERMS AND CONDITIONS OF USE THE FLOWER POT, LLC
PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SITE. BY ACCESSING/USING THE SITE, YOU AFFIRM THAT YOU ARE LEGALLY COMPETENT TO ACCEPT AND FULLY AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SITE. THESE TERMS ARE EFFECTIVE UPON YOU ACCESSING/USING THE SITE.
CHANGE IN TERMS
We reserve the right to update, change, or replace any part of the Terms at any time without further notice by posting the changes to our Site. All changes are effective when we post them and apply to your access/and use of the Site immediately thereafter. It is your responsibility to check our Site periodically for these changes. Your continued use or access of the Site following the posting of any changes constitutes your acceptance of those changes. As a courtesy, we may ask you to affirmatively accept changes to these Terms at the time of your next access/use of the Site.
USERS AND VISITORS
YOU MUST BE AT LEAST AGE 21 TO ACCESS AND USE THE SITE AND PURCHASE PRODUCTS. The Site and Products are not intended or offered for use by anyone under the age of 21. By accessing, using and/or submitting information to the Site or purchasing and using the Products, you affirmatively represent to us that you are at least 21 years old.
ACCESS TO SERVICES
You are responsible for providing the equipment and all connections that you need to access and use the Site. We do not guarantee that the Site is accessible on any particular equipment or device or with any particular software or service plan.
TERMINATION OF ACCESS
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site and to block or prevent your future access to and use of the Site and to delete your account and any related information on the Site. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination.
SOME OF THE PRODUCTS ASSOCIATED WITH THE SITE MAY CONTAIN CANNABIDIOL (“CBD”), TETRAHYDROCANNABINOL(S) (“THC”), AND OTHER CANNABINOIDS DERIVED FROM INDUSTRIAL HEMP (COLLECTIVELY “CANNABINOIDS”). THE POSSESSION AND USE OF CANNABINOIDS MAY BE ILLEGAL UNDER THE LAW IN SOME JURISDICTIONS. YOU MAY NOT USE OUR PRODUCTS FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE. KEEP ALL PRODUCTS CONTAINING CANNABINOIDS OUT OF THE REACH OF CHILDREN AND ANYONE UNDER THE AGE OF 21. THE INTOXICATING EFFECTS OF THE PRODUCTS CONTAINING CANNABINOIDS MAY BE DELAYED UP TO TWO (2) HOURS OR MORE. THE USE OF CANNABINOIDS AND THE PRODUCTS CONTAINING CANNABINOIDS WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. THE CONSUMPTION OF CANNABINOIDS AND THE PRODUCTS CONTAINING CANNABINOIDS MAY IMPAIR YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. DO NOT USE CANNABINOIDS AND PRODUCTS CONTAINING CANNABINOIDS IF YOU INTEND ON DRIVING OR OPERATING MACHINERY. USE CAUTION WHENEVER USING CANNABINOIDS AND ANY PRODUCTS CONTAINING CANNABINOIDS. YOU ASSUME THE RISK OF ANY-AND-ALL DAMAGE OR LOSS INCURRED AS A RESULT OF YOUR CONSUMPTION OF CANNABINOIDS AND THE PRODUCTS CONTAINING CANNABINOIDS PURCHASED FROM US.
THE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR AILMENT. WE DO NOT MAKE ANY HEALTH CLAIMS ABOUT OUR PRODUCTS AND RECOMMEND CONSULTING WITH A QUALIFIED MEDICAL DOCTOR OR PHYSICIAN PRIOR TO CONSUMING THE PRODUCTS. ALL INFORMATION ON THE SITE AND IN REGARD TO THE PRODUCTS IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE UNDER ANY CIRCUMSTANCE. THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
Products sold or made available through Site may have been manufactured in a facility that may have at one time processed eggs, milk, tree nuts, peanuts, soybeans, and or wheat.
The Site is owned by us and licensed to you only for your personal-non-commercial use. You may not copy, distribute, publish, transmit, modify, transmit, publicly display, or perform, create derivative works of or otherwise exploit any part of the Site. All rights not expressly granted herein are reserved by us.\
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to the Products and related product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Site or Products is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or Products, including without limitation, pricing information, except as required by law.
ORDERS AND CANCELLATION
We reserve the right to refuse any order you place with us from the Site. We may exercise this right on a case-by-case basis. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information and age verification information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
COPYRIGHT AND TRADEMARK
Unless otherwise noted, all materials, logos, trade names, trade dress, published on any Site or Products are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. Other copyrights, trademarks, product names, company names, logos or intellectual property displayed, used or accessible through the Site are the property of the respective owners with all rights reserved. References to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of the Site or Products. You may not remove or alter any copyright, trademark, or other proprietary right notice from the Site or Products. All rights not expressly granted are reserved by us.
Certain content, products and services available via our Site may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
COMMENTS/THIRD PARTY WEBSITES
Comments made in any forums on or accessed through the Site by anyone, including our employees or agents, are strictly their own personal views made in their own personal capacity and are not claims made by us or do not represent our positions or views. We are not liable for any information provided on or accessed through the Site, including any recommendations regarding the Products. Links to or access from any third-party websites or resources from the Site is not an endorsement of any information, product, or service. We are not responsible for the content or performance of any third-party websites. Use of any third-party websites is at your own risk.
Certain services offered through the Services, including loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") POLICY
This DMCA statement constitutes part of the legal terms and conditions governing all users of the Site. In compliance with the DMCA (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material. We reserve the right to remove and disable access to any user-posted material which we determine to be infringing or violating another's intellectual property right.
In compliance with the DMCA, our Designated Agent may Receive notifications of claimed infringement relating to Site as follows:
The Flower Pot, LLC
30 Walden St.
Burnsville, MN 55337
By telephone: 1-612-735-4386
By email: firstname.lastname@example.org
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on the Site, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the Commonwealth of Massachusetts, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or another's copyright, please consult with a qualified attorney.
DISCLAIMER OF WARRANTIES/LIMITATIONS OF LIABILITY/INDEMNIFICATION. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT WE MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR ITS CONTENT. ACCORDINGLY, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
WE MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE. ACCORDINGLY, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE PRODUCTS PURCHASED BY YOU FROM THE SITE OF SHIPPED OR DELVIERED BY US OR OTHER THIRD PARTIES ARE PROVIDED/MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE ALSO EXPRESSLY DISCLAIM ALL WARRANTIES AND SHALL NOT BE RESPONSIBLE FOR PRODUCTS THAT ARE LOST, STOLEN, OR DAMAGED DURING THE SHIPPING OR DELIVERY PROCESS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY US OR OUR AGENTS SHALL CREATE A REPRESENTATION OR WARRANTY BY US AS TO ANY PRODUCT OR ITS SHIPPING OR DELIVERY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY PRODUCT PURCHASED FROM THE SITE OR DELVIERED BY US SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SITE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR ANY PRODUCT PURCAHSED FROM THE SITE OR DELIVERED BY US IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SITE OR ANY PRODUCTS IN THE 30 DAY PERIOD PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) $100.00.
WE DISCLAIM LIABILITY FOR ANY (a) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (b) LOSS OF PROFITS, (c) BUSINESS INTERRUPTION, (d) REPUTATIONAL HARM, OR (e) LOSS OF INFORMATION OR DATA RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR PRODCUTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SITE OR PRODUCTS OFFERINGS OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE PROCESSING OF ORDERS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AGENTS, OFFICERS, CONTRACTORS, AND EMPLOYEES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT MAY ARISE FROM YOUR USE OR MISUSE OF THIS SITE AND PRODUCTS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Geographical Scope of Site and Products
Although this Site may be accessible worldwide or wider nationally (State of Minnesota), we make no representation that materials on this Site or Products purchasable on the Site are appropriate or available for use in locations outside of the State of Minnesota. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the State of Minnesota, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the internet. The Site and Products are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject us or our affiliates to any registration requirement within such jurisdiction or country. Any offer for any Products, Site, and/or information made in connection with this Site is void where prohibited.
Your use of Site constitutes electronic communication with us. When you communicate with us via the Site or any other form of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically, and that any such electronic communications, including notices, disclosures, agreements, and other communications are equivalent to written communications, satisfy any legal or contractual requirement that such communications be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
By submitting any material to us through the Site, you expressly grant us and our affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all our lawful business purposes (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise ("your identification"), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you.
Choice of Law and Forum Selection
These Terms and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Minnesota (including its statutes of limitations), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the laws of any jurisdiction other than the State of Minnesota to apply. You agree to hereby submit to the exclusive personal jurisdiction and venue of the state district court located in Dakota County, State of Minnesota or the U.S. District Court for the State of Minnesota with respect to such matters controlled by that court. You hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.
Waiver of Jury Trial
IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY WHICH ARISES OUT OF OR RELATES TO THE SITE OR THE PRODUCTS PURCHASED THROUGH THE SITE, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY, AND EXPRESSLY WAIVE A TRIAL BY JURY AS TO ANY AND ALL SUCH CLAIMS.
All notices to a party shall be in writing and shall be made by conventional mail. Notices to us must be sent to our address at The Flower Pot, LLC, 30 Walden St., Burnsville, MN 55337. You agree to allow us to submit notices to you either through the email address provided to us by you, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.
Investigation & Reporting
No Resale Right
You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site or Products provided through the Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, pandemic, declared emergencies, declarations of state or federal authorities, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.